Minister for Justice and Equality -v- O'Connor, Re Brexit [2017] IESC 48 (03 July 2017)

Minister for Justice and Equality -v- O'Connor, Re Brexit [2017] IESC 48 (03 July 2017)

The application to set aside the Supreme Court's previous judgment is directly contrary to Article 34.4.6° of the Constitution, as no fundamental injustice or exceptional circumstance exists to invoke the Greendale jurisdiction. Legal aid is provided as of right and by law in EAW cases, and the applicant is not prevented from raising the Brexit issue in the High Court. No referable issue arises for the ECJ, and the substantive points now sought to be raised could have been argued previously.

Citation
[2017] IESC 48
Parties
Applicant/respondent: Minister for Justice and Equality; Appellant/respondent: Thomas O’Connor
Jurisdiction
Ireland
Judgment Date
03 July 2017
Procedural Posture
European Arrest Warrant Surrender Proceedings / Supreme Court Ruling on Motion to Set Aside Previous Supreme Court Judgment
Outcome
Motion dismissed
Legal Topics
European Arrest Warrant, Legal Aid, Equality Before the Law, Brexit Implications, Jurisdiction of Supreme Court, Article 34.4.6° Constitution, Article 267 TFEU Reference
Criminal Law Constitutional Law European Law European Arrest Warrant Legal Aid Equality Before the Law Brexit Implications Jurisdiction of Supreme Court +2 more

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Parties

Minister for Justice and Equality

Applicant/respondent

Thomas O’Connor

Appellant/respondent

Procedural Posture

European Arrest Warrant Surrender Proceedings / Supreme Court Ruling on Motion to Set Aside Previous Supreme Court Judgment

Legal Issues

  1. 1 Whether Supreme Court can set aside its own final judgment under Article 34.4.6° of the Constitution
  2. 2 Whether legal aid scheme for EAW cases breaches Article 40.1 equality guarantee
  3. 3 Whether a reference to the ECJ is required regarding legal aid under Framework Decision

Ratio Decidendi

The application to set aside the Supreme Court's previous judgment is directly contrary to Article 34.4.6° of the Constitution, as no fundamental injustice or exceptional circumstance exists to invoke the Greendale jurisdiction. Legal aid is provided as of right and by law in EAW cases, and the applicant is not prevented from raising the Brexit issue in the High Court. No referable issue arises for the ECJ, and the substantive points now sought to be raised could have been argued previously.

Court Disposition

Motion dismissed

Orders

  • Application to set aside Supreme Court judgment dismissed